No. 40111 (New Rule): Rule R315-265. Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

(New Rule)

DAR File No.: 40111
Filed: 01/14/2016 02:49:29 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division is renumbering and changing the format of the hazardous waste rules. The change is to help the reader of the rules by providing all of the rules in one place and avoiding incorporation by reference or, when incorporation is necessary, using only one edition of the material incorporated throughout all the hazardous waste rules. In addition, the new rules will include several federal rules that have been adopted at the federal level and need to be adopted by the state to make the Utah rules consistent with federal rule. Rule R315-265 replaces Rule R315-7. (DAR NOTE: The proposed repeal of Rule R315-7 is under DAR No. 40123 in this issue, February 1, 2016, of the Bulletin.)

Summary of the rule or change:

Rule R315-265 replaces Rule R315-7. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue.

State statutory or constitutional authorization for this rule:

• Section 19-6-105
• Section 19-6-106

This rule or change incorporates by reference the following material:

• Adds 40 CFR Part 265, published by US Government Printing Office, 07/01/2015

Anticipated cost or savings to:

the state budget:

There will be on cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program.

local governments:

Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified.

small businesses:

Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by small business and cannot be quantified.

persons other than small businesses, businesses, or local governmental entities:

Most of the rule is not changed but just renumbered, therefore, there will be no cost to other persons. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by other persons and cannot be quantified.

Compliance costs for affected persons:

The rule's changes will have no cost to affected persons. The changes may result in cost savings, depending on the hazardous waste management activities conducted, but the cost savings cannot be quantified.

Comments by the department head on the fiscal impact the rule may have on businesses:

The rule's changes will have no cost to business. The changes may result in cost savings, depending on the hazardous waste management activities conducted at a business, but cannot be quantified.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Waste Management and Radiation Control, Waste ManagementRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097

Direct questions regarding this rule to:

• Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/02/2016

This rule may become effective on:

03/09/2016

Authorized by:

Scott Anderson, Director

RULE TEXT

R315. Environmental Quality, Waste Management and Radiation Control, Waste Management.

R315-265. Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities.

R315-265-1. Incorporation.

40 CFR 265, 2015 edition, is adopted and incorporated by reference with the following exceptions:

(a) Substitute "Director" for all references to "Regional Administrator:"

(b) Substitute "Director" or "

Board" for EPA as appropriate except for references to "EPA identification number and where EPA is used in reference to actions under 40 CFR 268.42(b) and in 265.71(a)(3);

(c) Substitute "Utah Division of Waste Management and Radiation Control " or "Director" as appropriate for "Environmental Protection Agency;" and

(d) The language that reads "If the facilities covered by the mechanism are in more than one Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such Regions" in 40 CFR 265.143(g) and 256.145(g) is changed to read as follows: If the facilities covered by the mechanism are in more than one State, identical evidence of financial assurance must be submitted to the Director as is submitted to all other states and to all appropriate EPA Regional Administrators.

(e) Add, following December 6, 1990, in 40 CFR 265.440(a), "for all HSWA drip pads or January 31, 1992 for all non-HSWA drip pads."

(f) Add, following December 24, 1992, in 40 CFR 265-440(a), "for all HSWA drip pads or July 30, 1993 for all non-HSWA drip pads."

 

KEY: hazardous waste

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106

 

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